Aberdeen City Council Domestic Abuse Council Housing Policy 2021
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Document Control Approval Date 11th March 2021 Implementation Date TBA Policy Number TBA Policy Author(s) and Owner Lucy McNicol/Kevin Kelly - Derek McGowan Approval Authority Operational Delivery Committee Scheduled Review 12 Months after Committee approval Changes TBA Page 1
Table of Contents 1.Purpose Statement 2. Application and Scope 3.Responsibilities 4.Supporting Procedures 5.Policy Statement 6.Definitions 7.Risk 8.Policy Performance 9.Design and Delivery 10.Housekeeping and Maintenance 11.Communication and Distribution 12.Information Management Appendix 1. Legal Framework Appendix 2. Useful contact details Page 2
1 Purpose Statement 1.1 The purpose of this document is to set out Aberdeen City Council’s housing policy with regards to dealing with incidents of Domestic Abuse perpetrated in all its forms and extending to current and prospective tenants of Aberdeen City Council. It outlines the framework of principles for addressing domestic abuse. This is a key policy to reflect the aims of the Domestic Abuse (Scotland) Act 2018 that came into force in April 2019. This Act makes domestic abuse involving a partner or ex-partner, whether physical or emotional or coercive control a criminal offence. This policy will reflect the aims of Aberdeen’s Local Outcome Improvement Plan (LOIP) as well as Aberdeen’s Violence Against Women Partnership action plan and strategy. The introduction of this policy will help provide support to those experiencing Domestic Abuse, help to reduce the risk of harm and to provide safe accommodation. 1.2 In 2018/2019, 272 persons presented as homeless in Aberdeen due to some form of domestic abuse. While statistically most of those homeless presentations are by females, it is important to recognise that domestic abuse can happen in a range of relationships, including LGBT. Primary prevention of Domestic Abuse is a key focus of this policy by engaging in wider awareness training, education, challenging attitudes, and action to promote gender equality. It is also important to outline actions taken against perpetrators and to understand their housing needs should they agree to be rehoused. These measures provide an alternative to disrupting families, allowing them to stay in their own home, preventing homelessness whilst the police and courts take appropriate action against the perpetrator in line with National Safe and Together principles. 1.3 The operation of this policy will always be in accordance with Aberdeen City Council’s Equality, Diversity and Inclusion policy. A full Integrated Impact Assessment has been completed to ensure proper consideration of the impact of the policy on protected groups. 2 Application and Scope Statement 2.1 This Domestic Abuse Policy is intended to include all applicants for housing, current tenants, service users and non-tenants living with Aberdeen City Council tenants. The principles of this Policy are incorporated into several organisational procedures, for example, Housing Management, Homeless, Housing Allocations, Anti-Social Behaviour and Repairs and Maintenance. This ensures that we address any form of domestic abuse as part of our mainstream services. Page 3
3 Ownership and Responsibility for this policy 3.1 The Chief Officer Early Intervention and Community Empowerment is the owner of this policy and is accountable for discharging it effectively across all Housing services, ensuring compliance. 3.2 Responsibility for managing the policy lies with the Chief Officer Early Intervention and Community Empowerment. 3.3 Any instances of non-compliance with the policy should be reported to the Housing Access and Support Manager and / or the Communities and Housing Area Manager in the first instance. 3.4 Feedback on the operation of the policy should be communicated to the Chief Officer Early Intervention and Community Empowerment. 4 Supporting Procedures & Documentation 4.1 Supporting processes, procedures and guidance have been drafted to support adherence to the policy. 4.2 Supporting processes, procedures and guidance will be provided through the Northgate housing management system and where appropriate on our web pages. 4.3 The following are references and links to related policies: Allocation Policy Anti-Social Behaviour Policy GIRFEC 5 Policy Statements 5.1 Equally Safe: Scotland’s strategy for preventing and eradicating violence against women and girls has defined domestic abuse as: “Domestic abuse (as gender-based abuse), can be perpetrated by partners or ex- partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate those experiencing domestic abuse and are perpetrated against their will, including rape) and mental and emotional abuse (such as threats, verbal abuse, racial abuse, withholding money and other types of controlling behaviour such as isolation from family or friends)” Page 4
5.2 Principles This section describes the key policy principles that regulate organisational services in relation to domestic abuse within council housing in Aberdeen City. 5.3 Law and Guidance We will promote good practice when addressing domestic abuse experienced by our tenants as informed by Domestic Abuse: A Good Practice Guide for Social Landlords. We will, where possible, endeavour to change the attitudes, behaviours and structures that underpin domestic abuse among housing staff, tenants, and the wider community, and provide meaningful advice and information to those experiencing domestic abuse. See appendix 1 for our legal framework. 5.4 Information and Advice We will provide clear information and advice to persons who approach us due to domestic abuse about their rights. We will work in partnership with other organisations to achieve this objective. The provision of clear detailed advice in different formats is a vital element in helping to direct those experiencing domestic abuse to agencies who can provide support. We will provide detailed information both in print and digitally, on the help available, such as housing, financial, substance misuse and family support and using social media to raise awareness amongst staff and tenants. We will use all means to publicise our policy across our estate and encourage those experiencing domestic abuse to disclose incidents of domestic abuse to whomever they feel comfortable disclosing to. Information will be available in various formats such different languages; font sizes and braille and we will also provide tenants with interpreting services. Through training and communications, we will raise awareness amongst staff and tenants, as well as the broader community. We will provide information on 3rd Sector organisations which can provide help and support. We will make clear in a statement to tenants and the wider community that domestic abuse is not acceptable or tolerated. Page 5
5.5 Prevention and Early Intervention We will, through collaboration with the Aberdeen Violence Against Women Partnership, endeavour to change the attitudes, behaviours and structures that underpin domestic abuse by raising awareness and promote a pro-active partnership approach. It is a key element of this policy that we focus on the prevention actions we can take to avoid actions which may inadvertently increase risk for those experiencing domestic abuse. We will, where possible, attempt to identify those fleeing/experiencing domestic abuse before a tenancy begins and ask about any history of domestic abuse at pre allocation stage. If a history is disclosed, we will consider additional safety and security measures within the property. We will encourage and support all staff including maintenance, support, and carers to report any concerns they may have to the housing teams. We will ensure that staff are aware of the national Respect helpline (a free confidential helpline for those who want to seek support because they have concerns about their own behaviour). We will, in all cases of domestic abuse, provide advice and support to tenants of their rights, signpost them to specialist support services and advise that they can be supported to contact Police Scotland should they want to. As a member of Aberdeen VAW Partnership, we will work collaboratively with other housing providers and organisations including community planning partners, to adopt a joined-up approach to develop effective local strategies and activities to prevent and alleviate domestic abuse. We will enable tenants to report domestic abuse to us in ways suitable to them, including in person, in writing, by telephone, email, customer app or through a third party. Examples of third parties are police officer an Independent Domestic Abuse Advocate (IDAA) and/or specialist domestic abuse service. We will ensure that tenants experiencing domestic abuse know that they can meet staff in confidence at our offices, or at an agreed choice of safe venue. Meetings can be arranged in locations that are accessible to the person’s needs. Where possible, staff should identify how and when it is safe to contact. We will work in partnership with other Aberdeen City Council services, other local authorities and third sector organisations to ensure protocols are in place to support those experiencing domestic abuse. Page 6
We will ensure that, if children, young people and or vulnerable adults are affected by domestic abuse, they can access services as early as possible thus meeting Aberdeen City Council’s Child Protection Policy and Adult Protection Guidance. We will work with relevant services to ensure that, children and young people affected by domestic abuse have their needs identified and addressed, their views are listened to and they are involved in decision making. This reflects Aberdeen City Council’s commitment to Getting it right for every child (GIRFEC). 5.6 Staff Training We will provide staff training, via a specialist service, on how to recognise the early signs of domestic abuse incidents and how to sign post to provide the most appropriate help. It is vital that staff are trained appropriately depending on their role within the organisation. All frontline staff who have contact with tenants will have domestic abuse awareness training to identify any signs that abuse maybe taking place. All staff who have any contact with tenants including Repairs and Maintenance, Senior Personal Carers and support staff will be equipped to identify the early signs of domestic abuse, be trained in how to respond to disclosures of domestic abuse and be in a position to report such concerns. All staff will be encouraged to familiarise themselves with the council’s Guidance for Frontline Staff which details how to support those who are currently experiencing domestic abuse. Front line housing staff will undergo appropriate training so they can provide helpful advice and manage the housing options of those experiencing domestic abuse which will include the following: • How to recognise when domestic abuse/ coercive control might be occurring. • How to deal with abuse effectively with disclosures of domestic abuse. • Responding to children and young people who are experiencing domestic abuse in the family home or in their own relationships. • Providing information and advice, for example, about the remedies available for addressing abuse. • Signposting those experiencing domestic abuse to relevant domestic abuse services for further support. • Recording relevant information and data about reported incidents/ situations. Page 7
Such Training will be embedded in our induction program and future refresher training will be available. 5.7 Collaboration We will work alongside relevant third sector partner agencies and statutory services to ensure that those experiencing domestic abuse of domestic abuse receive consistent and effective support. We will continue to have a representative from Housing that will sit on multi-agency meetings such as Multi Agency Risk Assessment Conference (MARAC) to ensure that relevant information is shared between partners. Housing’s responsibility within the MARAC is to provide relevant information in relation to the housing situation of the person who is experiencing domestic abuse, perpetrator or any other individual deemed relevant within the referral. The representative for housing should give an informed opinion about actions that housing can take to mitigate the risk to the person experiencing domestic abuse. The MARAC will agree as a collective what actions each agency within the groups is responsible for. The representative has the responsibility of progressing any actions and updating the chair of the MARAC with outcomes for each of the actions assigned to housing. Typical actions include liaising with housing staff to ensure that discretions are progressed timeously and any urgent repairs to ensure the safety of an individual are raised. The representative also has a responsibility of ensuring up to date record keeping of all referrals sent to MARAC. 5.8 Equality and diversity We acknowledge that some those experiencing domestic abuse will face additional difficulties in recovering from domestic abuse, due to intersecting factors like disability, BME identities; mental health; addictions etc. We will endeavour to signpost people to relevant supports. 5.9 Approach and Method This section describes the key practices that we implement to address the impact of domestic abuse in relation to how it impacts users of our service. We apply a diverse range of interventions based on a detailed risk assessment, considering all possible options available to the individual. Many of the actions are embedded within other policies such as: Page 8
Allocations. Antisocial Behavior Strategy. Estate Management. Harassment (equality and diversity); and Repairs and Maintenance. 5.10 Responding To Incidents On receiving a report from any tenant experiencing domestic abuse, we offer a personal discussion within a reasonable time scale. If possible, this will be within twenty-four hours. Whenever this is not possible due to a weekend or bank holiday, we will: Refer the person to a relevant support agency; or Contact her/him/them on the next available working day. We will provide telephone interviews, on request. If possible, we will offer preferred sex interviews, on initial contact, as well as taking account of other preferences. Where support is required, to aid communication for example, translation services will be provided. If a report of domestic abuse is received through a third party, for instance, Police Scotland, then we will: Seek to establish what details have been taken. Identify what support has been provided; and Clarify what action is expected from us. We will ensure that interviews take place in confidential settings and that staff who conduct such interviews have received appropriate training. After training our staff should know it is important to: Empathise with people experiencing harassment. Listen attentively and objectively to the details of each case; and Assess critically all possible options, interventions, and safety measures. Agree an action plan with all parties concerned, monitor the situation and review at a frequency agreed with them. Page 9
5.11 Housing Options Those experiencing domestic abuse of domestic abuse will be provided with detailed housing option advice including options for staying in their current home with additional safety measures. We will also make referrals to other housing providers including councils should this be at the person experiencing domestic abuse’s wish. Where applicable Aberdeen City Council will use its “Cannot return home procedure’ which provides temporary accommodation. This is a managed process to re-house the person experiencing domestic abuse at the earliest possible time. When we receive a report from a tenant experiencing domestic abuse: - We will offer a personal or telephone interview at a location suitable to the person experiencing domestic abuse. If possible, this will be within twenty- four hours. If this is not possible due to a weekend or bank holiday, we provide information on relevant support agencies and will make contact on the next available working day. Where there is a risk to safety there will be access to emergency temporary accommodation. We will ensure priority transfers to secure permanent accommodation as early as possible. We will collaborate with other housing providers to maximise re housing opportunities. We will support those experiencing domestic abuse of domestic abuse to transfer tenancies into their names. 5.12 Action Against Perpetrator We will consider the following actions against the perpetrator where appropriate: We will look to offer alternative accommodation to perpetrators who are willing to move on a voluntary basis if they are engaging with housing staff. We will look to convert the Scottish secure tenancy of the perpetrator to a short Scottish secure tenancy where there is a conviction committed in or around the tenancy that the perpetrator remains a tenant of. Furthermore, we shall consider remedies against the perpetrator based on their antisocial behaviour and the associated legislation. We will, in exceptional circumstances, raise an action to seek possession of the tenancy against perpetrators where there is sufficient evidence of a relevant ground for repossession. Page 10
5.13 Supporting Those experiencing domestic abuse of Domestic Abuse During a Pandemic The coronavirus outbreak brought new challenges and increased risk for people living through domestic abuse. The Scottish Government and COSLA’s joint guidance highlights that support should continue to be made available throughout lockdown restrictions. Aberdeen City Council is committed to ensuring that those experiencing domestic abuse of domestic abuse can access safe accommodation with support during a pandemic emergency. We will map out clear routes for emergency support for those wanting to leave an abusive setting which are tailored to the current circumstances. We will endeavour to provide the safest accommodation possible for people requiring this due to domestic abuse. We will ensure that refuge services which have to close or cease referrals due to a pandemic, will continue to be sustained and that service users can be rehoused safely. We will brief Housing Staff on how to handle domestic abuse cases sensitively, what support they should be offered and how to support vulnerable residents in their move. We will explore using different methods of communication to ensure that those experiencing domestic abuse of domestic abuse feel safe to seek support. 5.14 Complaints and Appeals Aberdeen City Council welcomes complaints and comments, as well as positive feedback, as these provide information to help us to improve our services. We use a Complaints Handling Procedure (CHP) developed by the Scottish Public Services Ombudsman (SPSO) and supported by the Scottish Housing Regulator. The CHP allows for most complaints to be resolved by front line staff within a five-day limit (first stage). If the complaint is complex, a detailed investigation will be made by a manager within a twenty-day limit (second stage). At the end of the second stage, our response will be made by a director. If the customer remains dissatisfied, she/he/they may then refer the matter to the SPSO. At each stage, Aberdeen City Council will advise the customer how the complaint will be taken forward and which agency is most appropriate to deal with the complaint. Scottish Public Services Ombudsman. Page 11
5.15 Policy Review Due to the sensitive nature of the subject, Aberdeen City Council will ensure that this Policy will be reviewed annually to take account of any changes in the following: - Applicable legislation Regulations and guidance Changes in the organisation Continued best practice. Review of Local Outcome Improvement Plan A complete review will be undertaken annually. We will also consult with our tenants and other housing providers, elected members and third sector organisations in accordance with our Tenant Participation Strategy. 5.16 Confidentiality and General Data Protection We recognise the importance of confidentiality to those who experience domestic abuse. A protocol will be developed which sets out the importance to ensure that any information or data shared is confidential and how it will be stored and shared between the partner organisations. We will promote the availability of private interview rooms and ensuring that those experiencing domestic abuse are not required to disclose the reason for their visit in public areas or repeat their stories to different members of staff. 6 Definitions 6.1 Domestic Abuse Domestic abuse (as gender-based abuse), can be perpetrated by partners or ex- partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate those experiencing domestic abuse and are perpetrated against their will, including rape) and mental and emotional abuse (such as threats, verbal abuse, racial abuse, withholding money and other types of controlling behaviour such as isolation from family or friends). In the majority of cases it is experienced by women and is perpetrated by men. 6.2 LGBT Community The LGBT community (or LGBTQ community or GLBT community), also referred to as the gay community, is a loosely defined grouping of lesbian, gay, bisexual, transgender. Page 12
6.3 Coercive Control Coercive control is a form of psychological abuse whereby the perpetrator exerts power over another person. It is a pattern of acts of threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten the person experiencing domestic abuse. This controlling behaviour is designed to make a person dependent by isolating them from support, exploiting them, depriving them of independence and regulating their everyday behaviour. 6.4 MARAC (Multi Agency Risk Assessment Conference) is a regular, local, confidential meeting to discuss how to help those experiencing domestic abuse at high risk of being murdered or seriously harmed. This is a Police Scotland initiative which brings partners together to identify and manage circumstances faced by the person experiencing domestic abuse, perpetrator, and their children, and share information. 6.5 Safe and Together Principles The Safe and Together principles have been designed to create better outcomes for children and families exposed to domestic abuse perpetrator’s behaviour. The three principles include: 1. Keeping child Safe and Together with the non-offending parent. 2. Partnering with non-offending parent as default. 3. Intervening with perpetrator to reduce risk and harm to child. 7 Risk Risk Low (L), Mitigation Medium (M), High (H) Strategic That we do not take action L Having a clearly defined policy to tackle domestic abuse in together with detailed and all its forms. robust procedures and processes will help staff to identify case off domestic abuse and provide appropriate help and support. Compliance That we are not compliant L The new policy clearly outlines with legislation and the agreed principles through guidance which could open which all Aberdeen City Council the council up to litigation domestic abuse incidents will and intervention by the be dealt with. It is also Page 13
Scottish Housing Regulator compliant with current and other bodies. legislation guidance. Operational That the way we deal with M This policy will ensure our staff incidents of domestic provide a consistent and robust abuse is inconsistent and approach in dealing with ineffective. incidents of domestic abuse. Financial That we are not consistent L The policy ensures as far as or robust in managing our possible that a consistent and housing stock. robust approach is taken to managing all forms of Domestic Abuse. Reputational Inconsistent decision L Clearly setting out the policy making on individual cases principles, procedures, and due to the lack of a clear actions on how we deal with policy could lead to incidents of domestic abuse reputational damage to will help to eradicate this risk. the Council. 8 Policy Performance 8.1 The factors that will determine whether the policy is effective will be an increase in disclosing of domestic abuse, with successful support and interventions for those experiencing domestic abuse of domestic abuse. 8.2 The criteria/indicators that will be used to monitor and demonstrate performance are set out as follows: - The ongoing responsibility for the operation of this Policy lies with the Director of Customer Service and the Chief Officer Early Intervention and Community Empowerment. All relevant employees have a responsibility to ensure that this Policy is applied as instructed. We will develop a performance management framework to monitor the effectiveness of this and other policies aimed at reducing domestic abuse. We will monitor the following indicators: - Numbers of reports of domestic abuse Letting area incident occurred Gender of the perpetrator/person experiencing domestic abuse Ethnic Groups Disabilities Relationship dynamics/sexuality of perpetrator/person experiencing domestic abuse Case Outcomes We will also gather and monitor data against the nine Protected characteristics: - Age Page 14
Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion and belief Sex Sexual orientation 8.3 Performance data will be reported annually to the Operational Delivery Committee. 9 Design and Delivery 9.1 Local Outcome Improvement Plan The Local Outcome Improvement Plan also has aims and targets linked to domestic abuse. Aim 1. Reduce the number of children who are witness to Domestic Abuse by 2022 Key Improvement Measures 1. Number of Health Visitor enquiries that indicate domestic abuse in the home. 2. Number of domestic abuse reports with children regarded as present. Aim 1. Increase awareness of domestic abuse by 2021. 2. Reduce number of children who are witness to domestic abuse by 2022. 3. Decrease number of reported incidents by 30% by 2026. Key Improvement Measures 1. Number of awareness raising events tackling domestic abuse across Aberdeen City. 2. Percentage of secondary schools with mentors with violence prevention scheme in place 3. Number of reported Domestic abuse incidents. 9.2 Design Principles of Target Operating Model Customer Service Design - The activities undertaken to date and the planned next. steps promote an understanding of the circumstances of Domestic Abuse on those who experience it and to ensure that personalised support is available to them. Organisational Design - Improved use of resource in the system. Page 15
Governance - Overseen by Director of Customer Service, Chief Officer Early Intervention and Community Empowerment and the Operational Delivery Committee. Workforce - Clarity of expectations and statutory duties. Process Design - Monitoring arrangements will ensure that any weaknesses in the policy are quickly addressed. Technology - The policy will include improvement in the use of technology to deliver the most effective service and makes use of wider partnership support when appropriate. Partnerships and Alliances - Significant partnership work is key to addressing the needs of those affected by domestic abuse and are committed to building on existing relationships. 9.3 The policy design and fonts adhere to the Corporate design template. 10 Housekeeping and Maintenance 10.1 The policy should be reviewed on an annual basis or earlier if any legislative, guidance or operational issues arise. 10.2 New supporting documentation and procedures will be drafted to reflect and support this policy. This may include performance management reports and the Northgate housing management system. 11 Communication and Distribution 11.1 The current policy and any appropriate changes are consulted upon with service uses, staff and elected members and other stakeholders. Final changes may be reported to committee where appropriate and updated policy documents are placed on our website. If applicants request it, we can provide the document in other formats such as different languages or fonts. 12 Information Management 12.1 The information gathered is stored on our housing management system Northgate. The information is shared with housing staff who are required to make comments and approve a course of action in relation to the Domestic Abuse Case. Page 16
Appendix 1 Legal Framework Domestic Abuse (Scotland) Act 2018. Human Rights Act 1998. Data Protection Act 2018. Equality Act 2010. Matrimonial Homes (Family Protection (Scotland) Act 1981. Protection from Harassment Act 1997. Housing (Scotland) Act 2001 Appendix 2 Important Contact Details Marischal College Customer Service Centre Marischal College Ground Floor Broad Street Aberdeen AB10 1AB Mastrick Customer Access Point Spey Road Aberdeen AB16 6SH Woodside Fountain Centre Marquis Road Aberdeen AB24 2QY Tillydrone Community Campus Hayton Road Aberdeen AB24 2UY Grampian Women’s Aid The Gatehouse Quarry Road Aberdeen AB16 5UU Tel 01224-593381 http://grampian-womens-aid.com Page 17
Citizens Advice Bureau 41 Union Street Aberdeen AB11 5BN Tel 01224-569750 https://www.aberdeencab.org.uk/ Aberdeen Cyrenians - Ending Violence and Abuse Aberdeen (EVAA) Service Archibald Simpson House 27-29 King Street Aberdeen AB24 5AA Tel.: 0300 303 0903 (option 4) Email: evaa@weareac.org Website: https://www.aberdeen-cyrenians.org Advocacy Service Aberdeen Aberdeen Business Centre Willowbank Road Aberdeen AB11 6YG Tel 01224 332397 Police Scotland North East of Scotland Divisional Headquarters Queen Street Aberdeen AB10 1ZA Tel emergency call 999/Non-emergencies call 101 NHS Grampian Aberdeen Royal Infirmary Foresterhill, Aberdeen, AB25 2ZN Tel: 0345 456 6000 Urgent Medical Advice Evenings, Weekends or Holidays Call 111 or for serious accidents and emergencies call 999 The Adult Duty Social Work Team 0800 7315520 between 8.30am and 5pm. Out of hours social work can be contacted between 5pm-8.30am on the same number. Duty@aberdeencity.gov.uk Scotland’s Domestic Abuse and Forced Marriage Helpline 24hours- 0800 0271234 Shakti Women’s Aid 0131 475 2399 There is no office in Aberdeen. They provide specialist advice/support for BME women, children, and young people experiencing, or who have experienced, domestic abuse from a partner, ex- partner, and/ or other members of the household. Page 18
Homelessness Helpline 0800 917 6379 (24 hours). Monday to Friday 8.30am to 5pm. An emergency service operates from 5pm to 8.30am Monday to Friday. During weekends and public holidays, we provide a 24 hour service. Translation Service InterTrans https://www.aberdeencity.gov.uk/services/people-and-communities/equality-and- diversity/translation-interpreting-and-communication-support Duty Social Work Team 0800 7315 520 Monday to Friday 8.30am to 5pm This is a freephone number Postal address Adult Social Work Duty Team Aberdeen City Council Business Hub 3 Ground Floor South Marischal College Broad Street Aberdeen AB10 1AB duty@aberdeencity.gov.uk Page 19
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